Through A Glass, Darkly

For those coming late to the saga, please read this, this and this first.

Before we start, a quick clarification. This issue has never been about castigating the SWA, which does a sterling and complex job. It was abiding by the rules which it drew up, having been instructed to do so by its members, who in turn approved them.

It’s easy to apportion blame in incidents like this. In fact, in this case no-one is to blame. A situation has arisen which was unforeseen a few years back. The question now is: how should it be addressed?

Neither was the writing of an open letter an attempt to cajole firms into taking a position. It was to try to ascertain what the feeling in the whisky distilling community was on the issue. It was asking whether the law as it stands is overly restrictive and, if it is, whether it can be altered to permit a greater degree of openness.

Nor, incidentally, should we be dragged down blind alleys to debate the business practices of various firms involved in the wider discussion. Quite how that has become part of the issue smacks of some of the darker elements of spin doctor’s art, though somewhat crudely applied.

And so to the responses. No-one who replied said transparency was a bad idea, so there’s a positive. Some said openly that the current legislation should be looked at to see if there was the possibility of an option to disclose.

Others replied saying that they were following the SWA’s opinion. That’s ok as well, because the SWA’s ‘line’ on this is (and I paraphrase): ‘As the law stands, this level of disclosure is not allowed, but if our members instruct us to look at whether we can change the law to permit it, then we will.’

I’ll also take this ‘we are happy with the SWA’s opinion’ response in a positive fashion as it opens the door to the possibility of there being a debate.

Perhaps some firms want partial transparency along the lines of: here are the principles behind our NAS whiskies, but we can’t tell you precise details. No problem with that being part of the debate.

Some firms might like to go further, but no-one is suggesting that transparency should be mandatory. That would be impossible as the recipe for most blends, for example, cannot be revealed because a) that recipe is confidential/commercially sensitive; and b) it will change in order to achieve consistency.

As soon as it becomes compulsory to declare openly the percentages of each whisky used, then the recipe is fixed and any deviation from it would mean that blender has effectively broken the law. Quite rightly, no-one would vote for that.

In fact, the question we are still posing is: should there be an option to be able to disclose in some way – perhaps through publicity material rather than on the label – what the constituent parts of a whisky are?

This is a complex issue and, while it would be ideal for the debate to be conducted in a public forum, I can see how the discussions over some of the minutiae would best take place in what used to be smoke-filled rooms.

Should there be a willingness to debate it fully – or partially – in public, we would be happy to moderate or provide a platform for all sides of the argument to be explored.

It is, of course, entirely possible that some discussions on this are already under way. We don’t know. The nature of smoke-filled rooms is that they are opaque. An indication of whether the process is happening might be useful, however.

Not alone: Compass Box is by no means the only distiller to be open about its whiskies

Insights from the manner in which the Scotch Whisky Regulations have been reviewed in the past – and an understanding of how the same process operates in Cognac – lead me to believe that it would be surprising if there weren’t already regular discussions on fine-tuning the laws. In other words, I’d like to think there is a willingness to examine this issue.

What has been lost in all of this is why so many firms (not, remember, just one) were open about the contents of some of their whiskies. Education. Specifically, education about NAS whiskies.

I still maintain that transparency can be an important aid in explaining what the principles are behind NAS whiskies, whose emergence has become an increasingly toxic topic. Saying: ‘Look, folks, this is what we do and this is why we do it’ would surely help to lance that particular boil.

Unless Scotch finds a way of addressing the issues surrounding NAS, it will continue to lose credibility. Is transparency the solution? I don’t know, but maybe we should be talking openly about whether it could be part of one.

It is naive to think that the castigation of NAS will go away. The two issues are linked. Let’s talk.